Indian opener Gautam Gambhir will have to miss the Nagpur Test because the ICC Appeals Commissioner has upheld the one-Test ban imposed on him for elbowing Australian all-rounder Shane Watson in third Test in New Delhi.

Gambhir's appeal against match referee Cris Broad's decision was rejected by the ICC.

The left-hander had pleaded guilty to the charge of bringing the game to disrepute but the BCCI is all set to take on the ICC.

The said order has been passed without affording the player an opportunity of personal hearing, legal representation and without acceding to his request for certain documents / recordings to be given to him and also denying him an extension of time.

The Board of Control for Cricket in India (BCCI) has, however, shown support to the India opener by refusing to accept the ICC's decision, sending its objection for the same.

"Its unfair towards the player and we will wait and see what course of action to take," said the Board. "We are waiting to hear from the ICC now that we have refused to accept the decision."

Meanwhile, Tamil Nadu opener M Vijay who just scored 243 runs in the Ranji Trophy tie against Maharashtra, will be rushed to Nagpur as Gambhir's replacement.